The New Patriotic Party's (NPP) Member of Parliament for Ofoase-Ayirebi, Kojo Oppong Nkrumah, has expressed concern about the draft Cybersecurity Bill, saying it threatens free speech in the country. 

He noted that provisions of the bill could lead to the criminalisation of speech, which was a departure from the global trend of moving away from criminalising speech.

The former Minister of Information expressed the concerns while speaking to journalists in Accra last Sunday.

Dissent

He said the bill, in its current form, could pose serious dangers to the country in terms of criminalising free speech and dissent.

He explained that the draft bill sought to target individuals who, through their online platforms, make remarks or comments that might be deemed unfavourable, offensive, or incisive.

“What we are seeing appears to be a draft, and that they want to consult on that draft. From what I have seen as a former information minister, this draft is dangerous, though it's not surprising,” he said.

Mr. Oppong Nkrumah stated that the draft bill could result in people being prosecuted and jailed based on what they share in their chat groups, which could infringe on individuals’ freedom and privacy. 

Repeal existing laws

Mr. Oppong Nkrumah called on the government to tread cautiously and consider repealing existing laws that criminalise speech instead of enacting new ones.

"The government needs to tread cautiously. I am hopeful that when the consultations start, the government will see wisdom in backtracking and ensuring that, instead of seeking to criminalise speech further, even the remnant laws on criminalisation of speech should be repealed," Mr. Oppong Nkrumah said.

He cited the law on publication of false news with intent to cause fear and panic as an example of a law that needed to be repealed, saying that it was to promote free speech that made the Kufuor administration repeal the Criminal Libel and Sedition Act.

Mr Oppong Nkrumah suggested that civil remedies, rather than criminalisation, would be a more effective way to address speech-related issues.

This, he said, would advance the frontier of democracy in the country and guarantee freedom of speech.

Background

The Ministry of Communications, Digital Technology, and Innovation has maintained that the amendments are not intended to suppress free speech but to safeguard the country's cyberspace and protect citizens from online abuse and cybercrime.

The bill is currently before Parliament's Communications Committee for consideration, with public consultations expected to continue in the coming weeks.

The new Cybersecurity Bill updates the 2020 Act to address threats such as AI scams, blockchain risks, and online harassment of vulnerable groups.

Critics have, however, raised concerns that it gives the Cyber Security Authority powers to access data, seize devices or freeze assets for up to 180 days without notifying targets, which they see as excessive surveillance.